Legal Question in Criminal Law in Massachusetts

not as long as the Restraining Orders bars such entry.

If you have any questions contact me.

Attorney Lebensbaum is correct, he cannot come home if the restraining order prevents him from doing so. If charges have been taken out, only the Commonwealth, or Prosecutor, can drop them.

DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

I agree with both Attorneys Lebensbaum and Gaughen. Just so you know, if you changed your question to ask if he could return to your home if the restraining order was dropped, the answer would be yes. It is the restraining order that prevents him from returning. Furthermore, unlike the criminal charges which can only be dropped by the prosecutor, the power to drop the restraining order rests solely with you and the judge (if he or she allows it).

If the restraining order prohibits his return to the home he cannot return home unless the retraining order is changed by the court that imposed it.

Criminal charges for Assault and Battery are a separate matter controlled by the Commonwealth /prosecutor who alone can dismiss them.

If you wish to amend the restraining order consult an attorney. Good Luck!